45-Day Notice 02/08/08 Proposed §1962.1 

Hearing Date: 03/27/08 

15-day Notice: 07/25/08

1

§ 1962.1 Zero-Emission Vehicle Standards for 2009 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

(a) ZEV Emission Standard. The Executive Officer shall certify new 2009 

and subsequent model passenger cars, light-duty trucks and medium-duty vehicles as 

ZEVs if the vehicles produce zero exhaust emissions of any criteria pollutant (or 

precursor pollutant) under any and all possible operational modes and conditions. 

(b) Percentage ZEV Requirements. 

(1) General Percentage ZEV Requirement.

(A) Basic Requirement. The minimum percentage ZEV requirement for 

each manufacturer is listed in the table below as the percentage of the PCs and LDT1s, 

and LDT2s to the extent required by section (b)(1)(C), produced by the manufacturer 

and delivered for sale in California that must be ZEVs, subject to the conditions in this 

section 1962.1(b). 

Model Years Minimum ZEV Requirement 

2009 through 2011 11 % 

2012 through 2014 12 % 

2015 through 2017 14 % 

2018 and subsequent 16 % 

(B) Calculating the Number of Vehicles to Which the Percentage ZEV 

Requirement is Applied. For the 2009 through 2011 model years, aA manufacturer’s 

production volume of PCs and LDT1s, and LDT2s as applicable, produced and 

delivered for sale in California to comply with a given model year ZEV requirement will 

be based on thea three-year average of the manufacturer’s volume of PCs and LDT1s, 

and LDT2s as applicable, produced and delivered for sale in California in the prior 

fourth, fifth and sixth years (e.g. 2010 model-year ZEV requirements will be based on 

California production volumes of PCs and LDT1s, and LDT2s as applicable, for the

2004 to 20062003 through 2005 model years). For 2012 and subsequent model years, 

a manufacturer’s production volume for the given model year and two subsequent 

model years will be based on the three-year average of the manufacturer’s volume of 

PCs and LDT1s, and LDT2s, as applicable, produced and delivered for sale in 

California in the prior fourth, fifth and sixth year [for example, 2013 model year ZEV 

requirements (for 2013 through 2015 model years) will be based on California 

production volume of PCs and LDTs, and LDT2s as applicable, for the 2007 to 2009 

model years]. This production averaging is used to determine ZEV requirements only, 

and has no effect on a manufacturer’s size determination. As an alternative to the 

three year averaging of prior year production described above, a manufacturer may 

elect to base its ZEV obligation on the number of PCs and LDT1s, and LDT2s, as 

applicable to the extent required by section (b)(1)(C), produced by the manufacturer 

and delivered for sale in California that same model year. A manufacturer may, on an 

annual basis, select either the three year average or the same model year calculation 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 2 

method. In applying the ZEV requirement, a PC, LDT1, or LDT2 as applicable, that is 

produced by a small volumeone manufacturer (e.g., Manufacturer A), but is marketed in 

California by another manufacturer (e.g., Manufacturer B) under the other 

manufacturer’s (Manufacturer B) nameplate, shall be treated as having been produced 

by the marketing manufacturer (Manufacturer B). 

(C) Phase-in of ZEV Requirements for LDT2s. Beginning with the 

ZEV requirements for the 2009 model year, a manufacturer’s LDT2 production shall be 

included in determining the manufacturer’s overall ZEV requirement under section 

(b)(1)(A) in the increasing percentages shown the table below. 

2009 2010 2011 2012+ 

51% 68% 85% 100% 

(D) Exclusion of ZEVs in Determining a Manufacturer’s Sales 

Volume. In calculating for purposes of sections 1962.1(b)(1)(B) and 1962.1(b)(1)(C) 

the volume of PCs, LDT1s and LDT2s a manufacturer has produced and delivered for 

sale in California, the manufacturer shall exclude the number of ZEVs produced by the 

manufacturer, or by a subsidiary in which the manufacturer has a greater than 50 

percent ownership interest, and delivered for sale in California. 

(2) Requirements for Large Volume Manufacturers. 

(A) Primary Requirements for Large Volume Manufacturers

through Model Year 2011. 

In the 2009 through 2011 model years, a large-volume manufacturer must 

meet at least 22.5 percent of its ZEV requirement with ZEVs or ZEV credits generated 

by such vehicles, and at least another 22.5 percent with ZEVs, advanced technology 

AT PZEVs, or credits generated by such vehicles. The remainder of the large-volume

manufacturer’s ZEV requirement may be met using PZEVs or credits generated by 

such vehicles. 

 (B) Alternative Requirements for Large Volume Manufacturers 

through Model Year 2011. 

1. Minimum Floor for Production of Type III ZEVs. 

a. [RESERVED]. 

b. Requirement for the 2009-2011 Model Years. A large volume

manufacturer electing to be subject to the alternative compliance requirements during 

model years 2009 through 2011 must produce, deliver for sale, and place in service in 

California enough 2009-2011 model-year Type III ZEVs to generate ZEV credits equal 

to sufficient to meet a cumulative percentage ZEV requirement of 0.800.82 percent of 

the manufacturer’s sales, using either production volume determination method 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 3 

described in section 1962.1(b)(1)(B), though production, delivery for sale, and 

placement in service of ZEVs, other than NEVs and Type 0s ZEVs, using the credit 

substitution ratios for each ZEV Type compared to a Type III prescribed in the table 

below, , of the manufacturer’s average annual California sales of PCs, and LDT1s over 

the three year period from model years 2003 through 2005, or submit an equivalent 

number of credits generated by such vehicles. The manufacturer may meet this 

requirement with [i] 2009-2011 model-year Type I or Type II ZEVs, provided that 2 Type 

I ZEVs or 1.33 Type II ZEVs or 0.8 Type IV ZEVs will equal one Type III ZEV 

ZEV Types Credit Substitution Ratio

Compared To A Type III ZEV

Type I 2

Type I.5 1.6

Type II 1.33

Type IV 0.8

Type V 0.57

i. Manufacturers may use credits generated by 1997-2003 model 

year ZEVs that qualify for an extended service multiplier under section 1962.1(f) for a 

year during calendar years 2009-2011, provided that 33 years of such a multiplier will 

equal 4 ZEV credits. 

ii. Manufacturers may elect, on an annual basis, to determine their 

alternative requirement using either production volume determination methods 

described in section 1962.1(b)(1)(B)

c. [RESERVED]. 

d. [RESERVED]. 

e. [RESERVED]

f. Exclusion of Additional Credits for Transportation Systems.

Any additional credits for transportation systems generated in accordance with section 

1962.1(g)(5) shall not be counted towards compliance with this section 

1962.1(b)(2)(B)1.b. 

g. Carry-over of Excess Credits. ZEV credits generated from 

excess production in model years 2005 through 2008 may be carried forward and 

applied to the 2009 through 2011 minimum floor requirement specified in section 

1962.1(b)(2)(B)1.b. provided that the value of these carryover credits shall be based on 

the model year in which the credits are used. Beginning in 2012, these credits may no 

longer be used to meet the ZEV requirement; they may be used as Enhanced AT 

PZEV, AT PZEV, or PZEV credits. ZEV credits earned in model year 2009 and 

subsequent would be allowed to be carried forward for two years for application to the 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 4 

ZEV requirement. For example, ZEV credit earned in 2010 would retain full flexibility 

through 2012, at which time that credit could only be used as Enhanced AT PZEV, AT 

PZEV, or PZEV credits, and could not be used to satisfy the ZEV credit obligation, 

which may only be satisfied with credit generated from ZEVs. 

h. Failure to Meet Requirement for Production of Type III ZEVs. A 

manufacturer that, after electing to be subject to the alternative requirements in 

section 1962.1(b)(2)(B) for any model year from 2009 through 2011, fails to meet the 

requirement in section 1962.1(b)(2)(B)1.b. by the end of 2011 model yearthe specified 

three year period in which the model year falls, shall be treated as subject to the 

primary requirements in section 1962.1(b)(2)(A) for 2009 through 2011 model years.all 

model years in the specified three year period. 

i. Rounding Convention. The number of Type III ZEVs needed for 

a manufacturer under section 1962.1(b)(2)(B)1.b. shall be rounded to the nearest whole 

number. 

2. Compliance with Percentage ZEV Requirements. In the 2009 

through 2011 model years, a large volume manufacturer electing to be subject to the 

alternative compliance requirements in a given model year must meet at least 45 

percent of its ZEV requirement for that model year with ZEVs, advanced technology AT 

PZEVs or Enhanced AT PZEVs, or credits generated from such vehicles. ZEV credits 

generated for compliance with the alternative requirements during any given model year 

will be applied to the 45 percent which may be met with ZEVs, AT PZEVs, Enhanced 

AT PZEVs, or credits generated from such vehicles, but not PZEVs. The remainder of 

the large volume manufacturer’s ZEV requirement may be met using PZEVs or credits 

generated from such vehicles. 

3. Sunset of Alternative Requirements after the 2011 Model Year. 

The alternative requirements in section 1962.1(b)(2)(B) are not available after the 2011 

model year. 

 (C) Election of the Primary or Alternative Requirements for Large 

Volume Manufacturers for the 2009 through 2011 Model Years. A large volume

manufacturer shall be subject to the primary ZEV requirements for the 2009 model year 

unless it notifies the Executive Officer in writing prior to the start of the 2009 model year 

that it is electing to be subject to the alternative compliance requirements for that model 

year. Thereafter, a manufacturer shall be subject to the same compliance option as 

applied in the previous model year unless it notifies the Executive Officer in writing prior 

to the start of a new model year that it is electing to switch to the other compliance 

option for that new model year. However, a large volume manufacturer that has 

previously elected to be subject to the primary ZEV requirements for one or more of the 

2009 through 2011 model yearsin the three year period identified in section 

1962.1(b)(1)(B)1.b. may prior to the end of the 2011 model year three year period elect 

to become subject to the alternative compliance requirements for 2009 through 2011 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 5 

model years the full three year period upon a demonstration that it has complied with all 

of the applicable requirements for that period in section 1962.1(b)(2)(B)1.b. 

 (D) Requirements for Large Volume Manufacturers in Model Years 

2012 through 2017. 

1. 2012 through 2014 Requirements. In the 2012 through 2017

model years, aA large-volume manufacturer must meet the total ZEV obligation total

percent requirement as shown in the table below with ZEVs or ZEV credits generated 

by such vehicles, excluding NEVs and Type 0 ZEVs, equal to at least 0.81% of its 

annual sales, using either production volume determination method described in 

section 1962.1(b)(1)(B). No more than 50% of the total obligation may be met with 

PZEVs, No more than 75% of the total obligation may be met with AT PZEVs. No 

more than 92.5% may be met with Enhanced AT PZEVs and NEVs, as limited in 

section 1962.1(g)(6). The entire requirement may be met solely with ZEVs. Optionally, 

a manufacturer may choose to meet or exceed the minimum ZEV floor and then satisfy

the remainder of the manufacturer requirement using Enhanced AT PZEVs, AT PZEVs, 

and PZEVs. 

2. 2015 through 2017 Requirements. A manufacturer must meet its 

ZEV obligation with ZEVs or ZEV credits generated by such vehicles, excluding NEVs 

and Type 0 ZEVs, equal to at least 3% of its annual sales, using either production 

volume determination method described in section 1962.1(b)(1)(B). No more than 

42.8% of the total obligation may be met with PZEVs, No more than 57.1% of the total 

obligation may be met with AT PZEVs. No more than 78.5% may be met with 

Enhanced AT PZEVs and NEVs, as limited in section 1962.1(g)(6). The entire 

requirement may be met solely with ZEVs. 

3. The following table enumerates a manufacturer’s annual 

percentage obligation for 2012 though 2017 if it were to produce the minimum number 

of credits to meet the ZEV obligation and the total annual percent ZEV requirement and 

the maximum percentage for the optional Enhanced AT PZEV, AT PZEV, and PZEV 

categories that may be used to meet the total percentage ZEV requirement.

Years 

Total ZEV 

Percent 

Requirement

Minimum 

ZEV floor 

percentage

range

Enhanced 

AT PZEVs 

or NEVs

percentage

range

AT PZEVs PZEVs up to

2012 – 2014 12 0.810.3 –

3.0 

2.190.0 –

2.7

3.0 6.0 

2015 – 2017 14 3.0 – 6.0 0.0 – 3.0 2.0 6.0 

 4. Exclusion of Additional Credits for Transportation Systems. 

Any additional credits for transportation systems generated in accordance with section 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 6 

1962.1(g)(5) shall not be counted towards compliance with the portion of the ZEV 

obligation which must be met with ZEVs, specified in section 1962.1(b)(2)(D).

 

(E) Requirements for Large Volume Manufacturers in Model Year 2018 

and Subsequent. 

In the 2018 and subsequent model years, a large-volume manufacturer 

must meet a ZEV total percent requirement of 16 percent. The maximum portion of a 

large volume manufacturer’s percentage ZEV requirement that may be satisfied by 

PZEVs that are not Enhanced AT PZEVs or advanced technologyAT PZEVs, or credits 

generated by such vehicles, is limited to 6 percent of the manufacturer’s applicable 

California PC, LDT1, and LDT2 production volume; Enhanced AT PZEVs and AT

advanced technology PZEVs or credits generated by such vehicles may be used either 

alone or in combination, to meet up to one-half of the manufacturer’s remaining ZEV 

requirement. 

(3) Requirements for Intermediate Volume Manufacturers. In 2009 and 

subsequent model years, an intermediate volume manufacturer may meet its ZEV 

requirement with up to 100 percent PZEVs or credits generated by such vehicles. 

 (4) Requirements for Small Volume Manufacturers and Independent Low 

Volume Manufacturers. A small volume manufacturer or an independent low volume 

manufacturer is not required to meet the percentage ZEV requirements. However, a 

small volume manufacturer or an independent low volume manufacturer may earn and 

market credits for the ZEVs or PZEVs it produces and delivers for sale in California. 

(5) Counting ZEVs and PZEVs in Fleet Average NMOG Calculations. For 

the purposes of calculating a manufacturer’s fleet average NMOG value and NMOG 

credits under sections 1960.1(g)(2) and 1961(b) and (c), a vehicle certified as a ZEV is 

counted as one ZEV, and a PZEV is counted as one SULEV certified to the 150,000 

mile standards regardless of any ZEV or PZEV multipliers. 

 (6) [RESERVED] 

(7) Changes in Small Volume, Independent Low Volume, and 

Intermediate Volume Manufacturer Status. 

(A) Increases in California Production Volume. In 2009 and 

subsequent model years, if a small volume manufacturer’s average California 

production volume exceeds 4,500 units of new PCs, LDTs, and MDVs based on the 

average number of vehicles produced and delivered for sale for the three previous 

consecutive model years, or if an independent low volume manufacturer’s average 

California production volume exceeds 10,000 units of new PCs, LDTs, and MDVs 

based on the average number of vehicles produced and delivered for sale for the three 

previous consecutive model years, the manufacturer shall no longer be treated as a 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 7 

small volume, or independent low volume manufacturer, as applicable, and shall 

comply with the ZEV requirements for independent low volume or intermediate volume 

manufacturers, as applicable, beginning with the sixth model year after the last of the 

three consecutive model years. 

If an intermediate volume manufacturer’s average California production 

volume exceeds 60,000 units of new PCs, LDTs, and MDVs based on the average 

number of vehicles produced and delivered for sale for the three previous consecutive 

model years (i.e., total production volume exceeds 180,000 in a three-year period), the 

manufacturer shall no longer be treated as an intermediate volume manufacturer and 

shall, beginning with the sixth model year after the last of the three consecutive model 

years, meet the ZEV requirements with PZEVs, of which at least one-fourth would have 

to be AT PZEVs and shall, beginning with the ninth model year after the last of the 

three consecutive model years, meet the ZEV regulation requirements with PZEVs, of 

which at least one-third would have to be AT PZEVs. The manufacturer would comply 

with all ZEV requirements for LVMs.large volume manufacturers beginning with the 

twelfth model year after the last of the three consecutive model years.

The lead time shall be four rather than six yearsRequirements will begin in 

the fourth model year rather than the sixth model year where a manufacturer ceases to 

be a small or intermediate volume manufacturer in 2003 or subsequent years due to the 

aggregation requirements in majority ownership situations, except that if the majority 

ownership in the manufacturer was acquired prior to the 2001 model year, the 

manufacturer must comply with the stepped-up ZEV requirements starting in the 2010 

model year. 

 (B) Decreases in California Production Volume. If a manufacturer’s 

average California production volume falls below 4,500, 10,000 or 60,000 units of new 

PCs, LDTs, and MDVs, as applicable, based on the average number of vehicles 

produced and delivered for sale for the three previous consecutive model years, the 

manufacturer shall be treated as a small volume, independent low volume, or 

intermediate volume manufacturer, as applicable, and shall be subject to the 

requirements for a small volume, independent low volume, or intermediate volume 

manufacturer beginning with the next model year. 

(C) Calculating California Production Volume in Change of 

Ownership Situations. Where a manufacturer experiences a change in ownership in 

a particular model year, the change will affect application of the aggregation 

requirements on the manufacturer starting with the next model year. The 

manufacturer’s small or intermediate volume manufacturer status for the next model 

year shall be based on the average California production volume in the three previous 

consecutive model years of those manufacturers whose production volumes must be 

aggregated for that next model year. For example, where a change of ownership 

during the 2010 model year results in a requirement that the production volume of 

Manufacturer A be aggregated with the production volume of Manufacturer B, 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 8 

Manufacturer A’s status for the 2011 model year will be based on the production 

volumes of Manufacturers A and B in the 2008-2010 model years. Where the 

production volume of Manufacturer A must be aggregated with the production volumes 

of Manufacturers B and C for the 2010 model year, and during that model year a 

change in ownership eliminates the requirement that Manufacturer B’s production 

volume be aggregated with Manufacturer A’s, Manufacturer A’s status for the 2011 

model year will be based on the production volumes of Manufacturers A and C in the 

2008-2010 model years. In either case, the lead time provisions in 

section 1962.1(b)(57)(A) and (B) will apply. 

(c) Partial ZEV Allowance Vehicles (PZEVs). 

(1) Introduction. This section 1962.1(c) sets forth the criteria for identifying 

vehicles delivered for sale in California as PZEVs. The PZEV is a vehicle that cannot 

be certified as a ZEV but qualifies for a PZEV allowance of at least 0.2. 

(2) Baseline PZEV Allowance. In order for a vehicle to be eligible to receive 

a PZEV allowance, the manufacturer must demonstrate compliance with all of the 

following requirements. A qualifying vehicle will receive a baseline PZEV allowance of 

0.2. 

(A) SULEV Standards. Certify the vehicle to the 150,000-mile SULEV 

exhaust emission standards for PCs and LDTs in section 1961(a)(1). Bi-fuel, fuelflexible and dual-fuel vehicles must certify to the applicable 150,000-mile SULEV 

exhaust emission standards when operating on both fuels; 

(B) Evaporative Emissions. Certify the vehicle to the evaporative 

emission standards in section 1976(b)(1)(E) (zero-fuel evaporative emissions 

standards); 

(C) OBD. Certify that the vehicle will meet the applicable on-board 

diagnostic requirements in sections 1968.1 or 1968.2, as applicable, for 150,000 miles; 

and 

(D) Extended Warranty. Extend the performance and defects 

warranty period set forth in sections 2037(b)(2) and 2038(b)(12) to 15 years or 150,000 

miles, whichever occurs first except that the time period is to be 10 years for a zero -

emission energy storage device used for traction power (such as a battery, 

ultracapacitor, or other electric storage device ). 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 9 

(3) Zero-Emission VMT PZEV Allowance. 

(A) Calculation of Zero -Emission VMT Allowance. A vehicle that 

meets the requirements of section 1962.1(c)(2) and has zero-emission vehicle miles 

traveled (“VMT”) capability will generate an additional zero -emission VMT PZEV 

allowance calculated as follows: 

Urban 

Equivalent All-Electric Range 

(EAER)Rcda

Zero-emission VMT Allowance 

EAER < 10 miles 0.0 

EAER >10 miles 

and

Rcda = 10 miles to 100 40 

miles 

EAER x (1 – UFRcda)/14.611.028

Rcda > 10040 miles 1.58

EAER40/ 29.63

The urban equivalent all-electric range (EAER) and urban charge 

depletion range actual (Rcda) shall be determined in accordance with section 

E.3.(2)(a)2.1 of the “California Exhaust Emission Standards and Test Procedures for 

2009 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent 

Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and MediumDuty Vehicle Classes,” incorporated by reference in section 1962.1(h). The Uutility 

Ffactor (UF) based on the charge depletion range actual (Rcda) shall be determined 

according to the 0-100 mile 4th order curve fit from SAE J1711J2841 PropDft 2008., 

issued March 1999, p52.

(B) Alternative Procedures. As an alternative to determining the 

zero-emission VMT allowance in accordance with the preceding section 

1962.1(c)(3)(A), a manufacturer may submit for Executive Officer approval an 

alternative procedure for determining the zero-emission VMT potential of the vehicle as 

a percent of total VMT, along with an engineering evaluation that adequately 

substantiates the zero-emission VMT determination. For example, an alternative 

procedure may provide that a vehicle with zero emissions of one regulated pollutant 

(e.g., NOx) and not another (e.g., NMOG) will qualify for a zero-emission VMT 

allowance of 1.5. 

(C) [RESERVED]. 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 10 

(4) PZEV Allowance for Advanced ZEV Componentry. A vehicle that 

meets the requirements of section 1962.1(c)(2) may qualify for an advanced 

componentry PZEV allowance as provided in this section 1962.1(c)(4). 

(A) Use of High Pressure Gaseous Fuel or Hydrogen Storage 

System. A vehicle equipped with a high pressure gaseous fuel storage system capable 

of refueling at 3600 pounds per square inch or more and operating exclusively on this 

gaseous fuel shall qualify for an advanced componentry PZEV allowance of 0.2. A 

vehicle capable of operating exclusively on hydrogen stored in a high pressure system 

capable of refueling at 50003600 pounds per square inch or more, or stored in 

nongaseous form, shall instead qualify for an advanced componentry PZEV allowance 

of 0.3. 

(B) Use of a Qualifying HEV Electric Drive System.

 

1. Classification of HEVs. HEVs qualifying for additional advanced 

componentry PZEV allowance or allowances that may be used in the AT PZEV 

category are classified in one of four types of HEVs based on the criteria in the 

following table. HEVs must qualify for the Zero-Emission VMT Allowance in section 

1962.1(c)(3)(A).and achieve 10 miles or more of all electric UDDS range in addition to 

meeting the requirements in the following table to qualify for Type F advanced 

componentry allowance.

2. [RESERVED]

3. [RESERVED]

Characteristics Type C Type D Type E Type F Type G

Electric Drive 

System Peak 

Power Output 

≥ 10 kW ≥ 10 kW ≥ 50 kW 

Zero -Emission 

VMT 

allowance; ≥ 10 

mile all-electric 

range (UDDS 

drive cycle)

Zero-Emission 

VMT 

allowance; ≥ 10 

mile all-electric 

range (US06 

drive cycle)

Traction Drive 

System Voltage < 60 Volts ≥ 60 Volts 

≥ 60 

volts ≥ 60 volts ≥ 60 volts

Traction Drive 

Boost Yes Yes Yes Yes Yes

Regenerative 

Braking Yes Yes Yes Yes Yes

Idle Start/Stop Yes Yes Yes Yes Yes
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 11 

4. Type C HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type C 

HEV, and that is equipped with an advanced traction energy storage system – such as 

lithium ion batteries, nickel metal-hydride batteries, ultracapacitors, or other similar 

systems – with a design lifetime of at least 10 years, qualifies for an additional 

advanced componentry allowance of 0.2 in the 2009 through 2011 model years, 0.15 in 

the 2012 through 2014 model years, and 0.1 in the 2015 and subsequent model years. 

5. Type D HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type D 

HEV qualifies for an additional advanced componentry allowance of 0.4 in the 2009 

through 2011 model years, 0.35 in the 2012 through 2014 model years, and 0.25 in the 

2015 and subsequent model years. 

6. Type E HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type E 

HEV qualifies for an additional advanced componentry allowance of 0.5 in the 2009 

through 2011 model years, 0.45 in the 2012 through 2014 model years, and 0.35 in the 

2015 and subsequent model years. 

7. Type F HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type F 

HEV, including achieving 10 miles or more of all-electric UDDS range, qualifies for an 

additional advanced componentry allowance of 0.8572 in the 2009 through 2011 model 

years, 0.867 in the 2012 through 2014 model years, and 0.757 in the 2015 and 

subsequent model years. 

8. Type G HEVs. A PZEV that the manufacturer demonstrates to the 

reasonable satisfaction of the Executive Officer meets all of the criteria for a Type G

HEV, including achieving 10 miles or more of all-electric US06 range, qualifies for an 

additional advanced componentry allowance of 0.95 in the 2009 through 2011 model 

years, 0.89 in the 2012 through 2014 model years, and 0.78 in the 2015 and 

subsequent model years. 

89. Severability. In the event that all or part of 

section 1962.1(c)(4)(B)1.-7. is found invalid, the remainder of section 1962.1, including 

the remainder of section 1962.1(c)(4)(B)1.-7. if any, remains in full force and effect. 

(5) PZEV Allowance for Low Fuel-Cycle Emissions. A vehicle that makes 

exclusive use of fuel(s) with very low fuel-cycle emissions shall receive a PZEV 

allowance of 0.3. In order to receive the PZEV low fuel-cycle emissions allowance, a 

manufacturer must demonstrate to the Executive Officer, using peer-reviewed studies 

or other relevant information, that NMOG emissions associated with the fuel(s) used by 

the vehicle (on a grams/mile basis) are lower than or equal to 0.01 grams/mile. Fuel-
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 12 

cycle emissions must be calculated based on near-term production methods and 

infrastructure assumptions, and the uncertainty in the results must be quantified. 

(6) Calculation of PZEV Allowance. 

(A) Calculation of Combined PZEV Allowance for a Vehicle. The 

combined PZEV allowance for a qualifying vehicle in a particular model year is the sum 

of the PZEV allowances listed in this section 1962.1(c)(6), multiplied by any PZEV 

introduction phase-in multiplier listed in section 1962.1(c)(7), subject to the caps in 

section 1962.1(c)(6)(B). 

1. Baseline PZEV Allowance. The baseline PZEV allowance of 0.2 

for vehicles meeting the criteria in section 1962.1(c)(2); 

2. Zero-Emission VMT PZEV Allowance. The zero-emission VMT 

PZEV allowance, if any, determined in accordance with section 1962.1(c)(3); 

3. Advanced Componentry PZEV Allowance. The advanced ZEV 

componentry PZEV allowance, if any, determined in accordance with section 

1962.1(c)(4); and 

4. Fuel-Cycle Emissions PZEV Allowance. The fuel-cycle 

emissions PZEV allowance, if any, determined in accordance with section 1962.1(c)(5). 

(B) Caps on the Value of an AT PZEV Allowance. 

1. Cap for 20122009 and Subsequent Model- Year Vehicles. The 

maximum value an AT PZEV may earn before phase-in multipliers, including the 

baseline PZEV allowance, is 3.0. 

2. [RESERVED].

(7) PZEV Multipliers. 

(A) [RESERVED].

(B) Introduction Phase-In Multiplier for PZEVs That Earn a Zero -

Emission VMT Allowance. Each 2009 through 2011 model year PZEV that earns a 

zero -emission VMT allowance under section 1962.1(c)(3) and is produced and 

delivered for sale in California sold to a California motorist or is leased for three or more 

years to a California motorist who is given the option to purchase or re-lease the vehicle 

for two years or more at the end of the first lease term, qualifies for a phase-in multiplier 

of 3.01.25. 

(d) Qualification for ZEV Multipliers and Credits. 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 13 

(1) [RESERVED].

 (2) [RESERVED]. 

(3) [RESERVED]. 

(4) [RESERVED]. 

(5) ZEV Credits for 2009 and Subsequent Model Years.

(A) ZEV Tiers for Credit Calculations. ZEV credits from a particular 

ZEV are based on the assignment of a given ZEV into one of the following sixeight ZEV 

tiers: 

ZEV Tier UDDS ZEV 

Range (miles) 

Fast Refueling Capability 

NEV No minimum N/A 

Type 0 < 50 N/A 

Type I ≥ 50, <75 N/A 

Type I.5 ≥ 75, <100 N/A 

Type II ≥ 100 N/A 

Type III ≥ 100 

Must be capable of 

replacing 95 miles (UDDS 

ZEV range) in ≤ 10 minutes 

per section 1962.1(d)(5)(B)

OR ≥ 200 N/A

≥ 100 

Must be capable of 

replacing 95 miles (UDDS 

ZEV range) in ≤ 10 minutes 

per section 1962.1(d)(5)(B)

Type III

≥ 200 N/A

Type IV ≥ 200 

Must be capable of 

replacing 190 miles (UDDS 

ZEV range) in ≤ 1015

minutes per section 

1962.1(d)(5)(B) 

Type V ≥ 300 

Must be capable of 

replacing 285 miles (UDDS 

ZEV range) in ≤ 15 minutes 

per section 1962.1(d)(5)(B)
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 14 

(B) Fast Refueling. The “fast refueling capability” requirement for a 

2009 and subsequent model- year Type III, or IV, or V ZEV in section 1962(d)(5)(A) will 

be considered met if the Type III ZEV has the capability to accumulate at least 95 miles 

of UDDS range in 10 minutes or less and the Type IV or V ZEV has the capability to 

accumulate at least 190 or 285 miles, respectively, in 15 minutes or less. 

(C) ZEV Credits for 2009 and Subsequent Model- Year ZEVs. A 

2009 and subsequent model- year ZEV, other than a NEV or Type 0, earns 1 ZEV 

credit when it is produced and delivered for sale in California. A 2009 and subsequent 

model- year ZEV earns additional credits based on the earliest year in which the ZEV is 

placed in service (not earlier than the ZEV’s model year). The following table identifies 

the total credits that a ZEV in each of the sixeight ZEV tiers will earn, including the 

credit not contingent on placement in service, if it is placed in service in the specified 

model calendar year or by June 30 after the end of the specified calendar year. 

Total Credit Earned by ZEV Type and Model Year for 

Production and Delivery for Sale and for Placement 

Tier Calendar Year in Which ZEV is Placed in Service 

 2009-2017 2018+

NEV 0.30 0.30 

Type 0 1 1 

Type I 2 2 

Type I.5 2.5 2.5 

Type II 3 3 

Type III 4 3 

Type IV 5 3 

Type V 7 3

 (D) Multiplier for Certain Type I and Type II ZEVs. A 2009 through 

2011 model- year Type I and Type II ZEVs, excluding NEVs or Type 0 ZEVs, shall 

qualify for a multiplier of 1.25 if it is either sold to a motorist or is leased for three or 

more years to a motorist who is given the option to purchase or re-lease the vehicle for 

two years or more at the end of the first lease term. 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 15 

 (E) Counting Specified ZEVs Placed in a Section 177 State. As 

specified in the table below, sSpecified model year Type I, I.5, II, III, or IV ZEVs, 

excluding NEVs and Type 0 ZEVs, that are either certified to the California ZEV 

standards or as part of an advanced technology demonstration program and are placed 

in service in California or in a state that is administering the California ZEV

requirements pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507) 

(hereafter “section 177 state”) applicable for the ZEV’s model year may be counted 

towards compliance in California and in any section 177 state, with the California

percentage ZEV requirements in section 1962.1(b), including the requirements in 

section 1962.1(b)(2)(B) and (b)(2)(D), provided that the credits are multiplied by the 

ratio of an LVM’s total sales in the state receiving credit to the LVM’s total sales in 

California. The table below specifies the qualifying model years for each ZEV type that 

may be counted towards compliance in any section 177 state.as if they were delivered 

for sale and placed in service in California. Similarly, specified model year Type I, I.5, 

II, III or IV ZEVs that are certified to the California ZEV standards and are placed in 

service in California may be counted towards the percentage ZEV requirements of any 

state that is administering the California ZEV requirements pursuant to section 177 of 

the federal Clean Air Act, including requirements based on section 1962.1(b)(2)(B).

 

Vehicle Type Through Model 

Years: 

Type I, I.5, or II ZEV 2009 – 2014 

Type III or, IV, or V

ZEV 

2009 – 2017 

 (F) NEVs. Beginning in 2010 model year, to be eligible for the credit 

amount in section 1962.1(d)(5)(C), NEVs must meet the following specifications and 

requirements in this section 1962.1(d)(5)(F):

1. Specifications. A 2010 and subsequent model year NEV earns 

credit when it meets all the following specifications: 

a. Acceleration. The vehicle has a 0-20 mph acceleration of 6.0 

seconds or less when operating with a payload of 332 pounds and starting with the 

battery at a 50% state of charge.

b. Top Speed. The vehicle has a minimum top speed of 20 mph 

when operating with a payload of 332 pounds and starting with the battery at a 50% 

state of charge. The vehicle’s top speed shall not exceed 25 mph when tested in

accordance with 49 CFR 571.500 (68 FR 43972, July 25, 2003).

c. Constant Speed Range. The vehicle has a minimum 25 mile 

range when operating at constant top speed with a payload of 332 pounds and starting 

with the battery at 100% state of charge.
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 16 

2. Battery Requirement. A 2010 and subsequent model year NEV 

must be equipped with one or more sealed, maintenance-free batteries.

3. Warranty Requirement. A 2010 and subsequent model year NEV 

drive train, including battery packs, must be covered at least 6 months of the first 

12 months of the NEV warranty period by a full warranty; the remainder of the first 12 

months and all of the second 12 months of the warranty period may be optional 

extended warranties (available for purchase) and may be prorated. If the extended 

warranty is prorated, the percentage of the battery pack's original value to be covered 

or refunded must be at least as high as the percentage of the prorated coverage period 

still remaining. For the purpose of this computation, the age of the battery pack must 

be expressed in intervals no larger than three months. Alternatively, a manufacturer 

may cover 50 percent of the original value of the battery pack for the full period of the 

extended warranty.

4. Prior to allowance approval, the Executive Officer may request that 

the manufacturer provide copies of representative vehicle and battery warranties.

 (e) [RESERVED] 

(f) [RESERVED] Extended Service Multiplier for 1997-2003 Model Year 

ZEVs and PZEVs With ≥ 10 Mile Zero-Emission Range. Except in the case of a 

NEV, an additional ZEV or PZEV multiplier will be earned by the manufacturer of a 

1997 through 2003 model year ZEV, or PZEV with ≥ 10 mile zero-emission range for 

each full year it is registered for operation on public roads in California beyond its first 

three years of service, in the 2009 through 2011 calendar years. For additional years 

of service starting earlier than April 24, 2003, the manufacturer will receive 0.1 times the 

ZEV credit that would be earned by the vehicle if it were leased or sold new in that year, 

including multipliers, on a year-by-year basis beginning in the fourth year after the 

vehicle is initially placed in service. For additional years of service starting 

April 24, 2003 or later, the manufacturer will receive 0.2 times the ZEV credit that would 

be earned by the vehicle if it were leased or sold new in that year, including multipliers, 

on a year-by-year basis beginning in the fourth year after the vehicle is initially placed in 

service. The extended service multiplier is reported and earned in the year following 

each continuous year of service. Additional credit cannot be earned after model year 

2011. 

(g) Generation and Use of ZEV Credits; Calculation of Penalties 

(1) Introduction. A manufacturer that produces and delivers for sale in 

California ZEVs or PZEVs in a given model year exceeding the manufacturer’s ZEV 

requirement set forth in section 1962.1(b) shall earn ZEV credits in accordance with this 

section 1962.1(g). 

(2) ZEV Credit Calculations.
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 17 

(A) Credits from ZEVs. The amount of g/mi ZEV credits earned by a 

manufacturer in a given model year from ZEVs shall be expressed in units of g/mi 

NMOG, and shall be equal to the number of credits from ZEVs produced and delivered 

for sale in California that the manufacturer applies towards meeting the ZEV 

requirements for the model year subtracted from the number of ZEVs produced and 

delivered for sale in California by the manufacturer in the model year and then 

multiplied by the NMOG fleet average requirement for PCs and LDT1s, andor LDT2s as 

applicable, for that model year. 

(B) Credits from PZEVs. The amount of g/mi ZEV credits from 

PZEVs earned by a manufacturer in a given model year shall be expressed in units of 

g/mi NMOG, and shall be equal to the total number of PZEVs produced and delivered 

for sale in California that the manufacturer applies towards meeting its ZEV requirement 

for the model year subtracted from the total number of PZEV allowances from PZEVs 

produced and delivered for sale in California by the manufacturer in the model year and 

then multiplied by the NMOG fleet average requirement for PCs and LDT1s, andor

LDT2s as applicable, for that model year. 

(C) Separate Credit Accounts. The number of credits from a 

manufacturer’s [i] ZEVs, [ii] Enhanced AT PZEVs, [iii] advanced technologyAT PZEVs, 

and [iiiv] all other PZEVs, and [v] NEVs shall each be maintained separately. 

(3) ZEV Credits for MDVs and LDTs Other Than LDT1s. ZEVs and PZEVs 

classified as MDVs or as LDTs other than LDT1s may be counted toward the ZEV 

requirement for PCs, LDT1s and LDT2s as applicable, and included in the calculation of 

ZEV credits as specified in this section 1962.1(g) if the manufacturer so designates. 

(4) ZEV Credits for Advanced Technology Demonstration Programs. In 

model years 2009 through 2014, a vehicleZEVs and Enhanced AT PZEVs, 

excludingother than a NEVs, which is placed in a California advanced technology 

demonstration program for a period of two or more years, may earn ZEV credits even if 

it is not “delivered for sale” or registered with the California Department of Motor 

Vehicles (DMV). To earn such credits, the manufacturer must demonstrate to the 

reasonable satisfaction of the Executive Officer that the vehicles will be regularly used 

in applications appropriate to evaluate issues related to safety, infrastructure, fuel 

specifications or public education, and that for 50 percent or more of the first two years 

of placement the vehicle will be situatedoperated in California. Such a vehicle is eligible 

to receive the same allowances and credits that it would have earned if placed in 

service. To determine vehicle credit, the model- year designation for a demonstration 

vehicle shall be consistent with the model- year designation for conventional vehicles 

placed in the same timeframe. Manufacturers may earn credit for as many as six25

vehicles per model, per ZEV state, per year under this section 1962.1(g)(54). A 

manufacturer’s vehicles in excess of the six25 -vehicle cap will not be eligible for 

advanced technology demonstration program credits. 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 18 

(5) ZEV Credits for Transportation Systems. 

(A) General. In model years 2009 and subsequent, a ZEV placed, for 

two or more years, as part of a transportation system may earn additional ZEV credits, 

which may used in the same manner as other credits earned by vehicles of that 

category, except as provided in section (g)(5)(C) below. In model years 2009 through 

2011, an advanced technologyEnhanced AT PZEV, AT PZEV or PZEV placed as part 

of a transportation system may earn additional ZEV credits, which may be used in the 

same manner as other credits earned by vehicles of that category, except as provided 

in section (g)(5)(C) below. A NEV is not eligible to earn credit for transportation 

systems. To earn such credits, the manufacturer must demonstrate to the reasonable 

satisfaction of the Executive Officer that the vehicle will be used as a part of a project 

that uses an innovative transportation system as described in section (g)(5)(B) below. 

(B) Credits Earned. In order to earn additional credit under this 

section (g)(5), a project must at a minimum demonstrate [i] shared use of ZEVs, 

Enhanced AT PZEVs, AT PZEVs or PZEVs, and [ii] the application of “intelligent” new 

technologies such as reservation management, card systems, depot management, 

location management, charge billing and real-time wireless information systems. If, in 

addition to factors [i] and [ii] above, a project also features linkage to transit, the project 

may receive further additional credit. For ZEVs only, not including NEVs, a project that 

features linkage to transit, such as dedicated parking and charging facilities at transit 

stations, but does not demonstrate shared use or the application of intelligent new 

technologies, may also receive additional credit for linkage to transit. The maximum 

credit awarded per vehicle shall be determined by the Executive Officer, based upon an 

application submitted by the manufacturer and, if appropriate, the project manager. 

The maximum credit awarded shall not exceed the following: 

Type of 

Vehicle 

Model Year Shared Use, 

Intelligence 

Linkage to 

Transit 

PZEV through 2011 2 1 

AT PZEV through 2011 4 2 

Enhanced AT 

PZEV

2009 through 2011 4 2

ZEV 2009 through 2011 6 3 

Enhanced AT 

PZEV

2012 and 

subsequent

1 1

ZEV 2012 and 

subsequent 

2 1 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 19 

(C) Cap on Use of Credits. 

1. ZEVs. Credits earned or allocated by ZEVs pursuant to this 

section (g)(5), not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-tenth of a manufacturer’s ZEV obligation in any given model year. 

2. Enhanced AT PZEVs. Credits earned or allocated by Enhanced

AT PZEVs pursuant to this section (g)(5), not including all credits earned by the vehicle 

itself, may be used to satisfy up to one-tenth of a manufacturer’s ZEV obligation in any 

given model year, but may only be used in the same manner as other credits earned by 

vehicles of that category.

2.3. AT PZEVs. Credits earned or allocated by AT PZEVs pursuant to 

this section (g)(5), not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-twentieth of a manufacturer’s ZEV obligation in any given model year, 

but may only be used in the same manner as other credits earned by vehicles of that 

category. 

3.4. PZEVs. Credits earned or allocated by PZEVs pursuant to this 

section (g)(5), not including all credits earned by the vehicle itself, may be used to 

satisfy up to one-fiftieth of the manufacturer’s ZEV obligation in any given model year, 

but may only be used in the same manner as other credits earned by vehicles of that 

category. 

(D) Allocation of Credits. Credits shall be assigned by the Executive 

Officer to the project manager or, in the absence of a separate project manager, to the 

vehicle manufacturers upon demonstration that a vehicle has been placed in a project. 

Credits shall be allocated to vehicle manufacturers by the Executive Officer in 

accordance with a recommendation submitted in writing by the project manager and 

signed by all manufacturers participating in the project, and need not be allocated in 

direct proportion to the number of vehicles placed. 

(6) Use of ZEV Credits. A manufacturer may meet the ZEV requirements in 

any given model year by submitting to the Executive Officer a commensurate amount of 

g/mi ZEV credits, consistent with section 1962.1(b). Credits in each of the categories 

may be used to meet the requirement for that category as well as the requirements for 

lesser credit earning ZEV categories, but shall not be used to meet the requirement for 

a greater credit earning ZEV category. For example, credits produced from Enhanced 

AT PZEVs may be used to comply with AT PZEV requirements, but not with the portion 

that must be satisfied with ZEVs. These credits may be earned previously by the 

manufacturer or acquired from another party, except that.

(A) NEVs. Ccredits earned from NEVs offered for sale or placed in 

service in model years 2001 through 2005 cannot be used to satisfy more than the 

percentage limits described in the following table:50 percent of a manufacturer’s 

percentage ZEV obligation that may only be satisfied with credits from ZEVs. The 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 20 

manufacturer’s percentage ZEV obligation that may be satisfied by credits from AT 

PZEVs but not PZEVs is listed in the table below:

AT PZEV Category

2009 2010 and 

beyond

75% 50%

Years ZEV Obligation that:

Percentage limit for NEVs 

allowed to meet each 

Obligation:

2009 –

2011 Must be met with ZEVs 50%

2009 75%

2010 –

2011

May be met with AT PZEVs but not PZEVs

50%

2009 –

2011 May be met with PZEVs No Limit

Must be met with ZEVs 0%

May be met with Enhanced AT PZEVs and 

AT PZEVs 50% 2012 –

2014

May be met with PZEVs No Limit

Additionally, credits earned from NEVs offered for sale or placed in service in model 

years 2006 or later can be used to the percentage limits described in the following 

table:

Years ZEV Obligation that:

Percentage Limit for 

NEVs allowed to meet 

each Obligation:

May be met through compliance with 

Primary Requirements No Limit

May be met through compliance with 

Alternative Requirements, and must be met 

with ZEVs

2009 - 0%

2011

May be met through compliance Alternative 

Requirements, and may be met with AT 

PZEVs or PZEVs

No Limit

2012 – Must be met with ZEVs 0%
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 21 

2014 May be met with Enhanced AT PZEVs, AT 

PZEVs, or PZEVs No Limit

This limitation applies to NEV credits earned in model years 2001 through 2005 by the 

same manufacturer or earned in model years 2001 through 2005 by another 

manufacturer and acquired. The amount of g/mi ZEV credits required to be submitted 

shall be calculated according to the criteria set forth in this section 1962.1(g).

 (B) Carry forward provisions for LVMs. ZEV credits generated from 

excess production in model years 2009 and subsequent, including those acquired from 

another party, may be carried forward and applied to the ZEV minimum floor 

requirement specified in section 1962.1(b)(2)(B)1.b. and (b)(2)(D) for two subsequent 

model years. Beginning with the third subsequent model year, those earned ZEV 

credits may no longer be used to satisfy the manufacturer’s percentage ZEV obligation 

that may only be satisfied by credits from ZEVs, but may be used to satisfy the 

manufacturer’s percentage ZEV obligation that may be satisfied by credits from 

Enhanced AT PZEVs, AT PZEVs, or PZEVs. For example, ZEV credit earned in 2010 

would retain full flexibility through 2012, at which time that credit could only be used as 

Enhanced AT PZEV, AT PZEV, or PZEV credits. 

 (C) Carry forward provisions for manufacturers other than LVMs. 

ZEV credits generated from 2009 and subsequent model year production by 

manufacturers that are not LVMs may be carried forward by the manufacturer 

producing the ZEV credit until the manufacturer becomes subject to the LVM 

requirements, after the transition period permitted in section 1962.1(b)(7)(A). When

subject to the LVM requirements, a manufacturer must comply with the provisions of 

section 1962.1(g)(6)(B). 

ZEV credits traded by a manufacturer other than a LVM to any other manufacturer, 

including a LVM, are subject to section 1962.1(g)(6)(B), beginning in the model year in 

which they were produced (e.g., a 2009 model year ZEV credit traded in calendar year 

2010 can only be applied towards the portion of the manufacturer’s requirement that 

must be met with ZEVs through model year 2011; beginning in model year 2012, the 

credit can only be applied to the portion of the manufacturer’s requirement that may be 

met with Enhanced AT PZEVs, AT PZEVs, or PZEVs). 

 

(7) Requirement to Make Up a ZEV Deficit. 

(A) General. A manufacturer that produces and delivers for sale in 

California fewer ZEVs than required in a given model year shall make up the deficit by 

the end of the third model year by submitting to the Executive Officer a commensurate 

amount of g/mi ZEV credits. The amount of g/mi ZEV credits required to be submitted 

shall be calculated by [i] adding the number of ZEVs produced and delivered for sale in 

California by the manufacturer for the model year to the number of ZEV allowances 

from partial ZEV allowance vehicles produced and delivered for sale in California by the 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 22 

manufacturer for the model year (for a large volume manufacturerLVM, not to exceed 

that permitted under section 1962.1(b)(2)), [ii] subtracting that total from the number of 

ZEVs required to be produced and delivered for sale in California by the manufacturer 

for the model year, and [iii] multiplying the resulting value by the fleet average 

requirements for PCs and LDT1s for the model year in which the deficit is incurred. 

(8) Penalty for Failure to Meet ZEV Requirements. Any manufacturer that 

fails to produce and deliver for sale in California the required number of ZEVs and 

submit an appropriate amount of g/mi ZEV credits and does not make up ZEV deficits 

within the specified timeproduction-period shall be subject to the Health and Safety 

Code section 43211 civil penalty applicable to a manufacturer that sells a new motor 

vehicle that does not meet the applicable emission standards adopted by the state 

board. The cause of action shall be deemed to accrue when the ZEV deficits are not 

balanced by the end of the specified timeproduction-period. For the purposes of Health 

and Safety Code section 43211, the number of vehicles not meeting the state board’s 

standards shall be calculated according to the following equation, provided that the 

percentage of a large volume manufacturerLVM’s ZEV requirement for a given model 

year that may be satisfied with partial PZEV allowance vehicles or ZEV credits from 

such vehicles may not exceed the percentages permitted under section 

1962.1(b)(2)(A): 

(No. of ZEVs required to be produced and delivered for sale in California for the 

model year) - (No. of ZEVs produced and delivered for sale in California for the 

model year) - (No. of ZEV allowances from partial ZEV allowance vehicles 

produced and delivered for sale in California for the model year) - [(Amount of 

ZEV credits submitted for the model year) / (the fleet average requirement for 

PCs and LDT1s for the model- year)] 

(h) Test Procedures. 

(1) Determining Compliance. The certification requirements and test 

procedures for determining compliance with this section 1962.1 are set forth in 

“California Exhaust Emission Standards and Test Procedures for 2009 and Subsequent 

Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric 

Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” 

adopted by the state board on August 5, 1999, and last amended [insert date of 

amendments], which is incorporated herein by reference. 

 

 (2) NEV Compliance. The test procedures for determining compliance with

section 1962.1(d)(5)(F)1. are set forth in ETA-NTP002 (revision 3) “Implementation of

SAE Standard J1666 May 93: Electric Vehicle Acceleration, Gradeability, and

Deceleration Test Procedure” adopted on December 1, 2004, and ETA-NTP004

(revision 2) “Electric Vehicle Constant Speed Range Tests” adopted on December 1,

2004. 
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 23 

(i) ZEV-Specific Definitions. The following definitions apply to this section 

1962.1. 

(1) “Advanced technology PZEV” or “AT PZEV” means any PZEV with an 

allowance greater than 0.2 before application of the PZEV early introduction phase-in 

multiplier 

(2) “Battery electric vehicle” means any vehicle that operates solely by use of 

a battery or battery pack, or that is powered primarily through the use of an electric 

battery or battery pack but uses a flywheel or capacitor that stores energy produced by 

the electric motor or through regenerative braking to assist in vehicle operation. 

(3) “Charge depletion range actual” or “Rcda” means the distance achieved by 

a hybrid electric vehicle on a specified driving cycle at the point when the zero -

emission energy storage device is depleted of off-vehicle charge and regenerative 

braking derived energy. 

(4) “Electric drive system” means an electric motor and associated power 

electronics which provide acceleration torque to the drive wheels sometime during 

normal vehicle operation. This does not include components that could act as a motor, 

but are configured to act only as a generator or engine starter in a particular vehicle 

application. 

(5) “Electric range fraction” means the fraction of electrical energy derived 

from off-vehicle charging and regenerative braking energy relative to total traction 

energy used over the charge depletion range on a specified drive cycle.

(6) “Enhanced AT PZEV” means any PZEV that has an allowance of 1.0 or 

greater per vehicle without multipliers and makes use of a ZEV fuel. 

(7) “Equivalent all -electric range” or “EAER” means the charge depletion 

range multiplied by the electric range fraction (EAER = Rcd x ERF)

 (8)(7) “Neighborhood electric vehicle” or “NEV” means a motor vehicle that 

meets the definition of Low-Speed Vehicle either in section 385.5 of the Vehicle Code 

or in 49 CFR 571.500 (as it existed on July 1, 2000), and is certified to zero-emission 

vehicle standards. 

 (9)(8) “Placed in service” means having been sold or leased to an end-user and 

not to a dealer or other distribution chain entity, and having been individually registered 

for on-road use by the California Department of Motor Vehicles. 

(9) “Production-period” means range of model years to which a specified 

minimum ZEV requirement applies, e.g., the ranges specified in the table in section 

1962.1(b)(1)(A).
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 24 

 (10) “Regenerative braking” means the partial recovery of the energy normally 

dissipated into friction braking that is returned as electrical current to an energy storage 

device. 

 (11) “Type 0, I, I.5, II, III, and IV ZEV, and V ZEV” all have the meanings set 

forth in section 1962.1(d)(5)(A). 

 

 (12) “ZEV fuel” means a fuel that provides traction energy in on-road ZEVs. 

Examples of current technology ZEV fuels include electricity, hydrogen, and 

compressed air. 

(j) Abbreviations. The following abbreviations are used in this section 

1962.1: 

 “AER” means all-electric range. 

 “AT PZEV” means advanced technology partial zero-emission vehicle.

 “BEV” means battery electric vehicle.

“DMV” means the California Department of Motor Vehicles.

“ERF” means electric range fraction.

“EAER” means equivalent all -electric range. 

“EAER40” means the equivalent all-electric range that a 40 mile Rcda plug-in 

hybrid electric vehicle achieves. 

“HEV” means hybrid-electric vehicle. 

“HFEDS” means highway fuel economy driving cycle.

“LDT” means light-duty truck. 

“LDT1” means a light-truck with a loaded vehicle weight of 0-3750 pounds. 

“LDT2” means a “LEV II” light-duty truck with a loaded vehicle weight of 3751 

pounds to a gross vehicle weight of 8500 pounds, or a “LEV I” light-duty truck 

with a loaded vehicle weight of 3751-5750 pounds. 

“LVM” means large volume manufacturer.

“MDV” means medium-duty vehicle. 

“Non-Methane Organic Gases” or “NMOG” means the total mass of oxygenated 

and non-oxygenated hydrocarbon emissions. 

“MY” means model year.

“NEV” means neighborhood electric vehicle. 

“NOx” means oxides of nitrogen. 

“PC” means passenger car. 

“PZEV” means partial zero-emission vehicle, any vehicle that is delivered for sale 

in California and that qualifies for a partial ZEV allowance of at least 0.2. 

“Rcda” means charge depletion range actual.

“SAE” means Society of Automotive Engineers.

“SOC” means state of charge.

“SULEV” means super-ultra-low-emission-vehicle. 

“UDDS” means urban dynamometer driving cycle. 

“UF” means utility factor. 

“ULEV” means ultra-low emission vehicle.
45-Day Notice: 02/08/08 Proposed §1962.1 

Board Hearing: 03/27/08 

15-Day Notice: 07/25/08 

 25 

 “US06” means the US06 Supplemental Federal Test Procedure

 “VMT” means vehicle miles traveled. 

“ZEV” means zero-emission vehicle. 

(k) Severability. Each provision of this section is severable, and in the event 

that any provision of this section is held to be invalid, the remainder of this article 

remains in full force and effect. 

 (l) Public Disclosure. Records in the Board’s possession for the vehicles 

subject to the requirements of section 1962.1 shall be subject to disclosure as public 

records as follows: 

(1) Each manufacturer’s annual production data and the corresponding 

credits per vehicle earned for ZEVs (including ZEV type), Enhanced AT PZEVs, AT 

PZEVs, and PZEVs for the 2009 and subsequent model years; and 

(2) Annual Credit balances for 2010 and subsequent years for: 

(A) Each type of vehicle: ZEVs (minus NEVs), NEVs, 

Enhanced AT PZEVs, AT PZEVs, and PZEVs; and 

(B) Advanced technology demonstration programs; and 

(C) Transportation systems; and 

(D) Credits earned under section 1962.1(d)(5)(C), including credits 

acquired from, or transferred to another party.

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety

Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 

43101.5, 43102, 43104, 43105, 43106, 43107, 43204, and 43205.5, Health and Safety Code.